Situation of Human Rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)

A/RES/49/196View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1995.

What other versions does this mandate have?

3 versions · 1995–1997

This is an older version — the most recent is A/RES/51/116

Year	Symbol	Title	Word length	Text similarity
1997	A/RES/51/116	Situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)	2,786	20%Compare
1996	A/RES/50/193	Situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)	3,211	36%Compare
1995	A/RES/49/196	Situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)	3,105	–

What’s in this document?

39 operative paragraphs

Commends the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territories of the successor States of the former Yugoslavia for his reports¹⁴ and notes that his presence can be a positive factor towards reducing the instances of human rights violations in the region;

¹⁴Ibid., and sSee S/26383, S/26415 and S/26469; see Official Records of the Security Council, Forty-eighth Year, Supplement for July, August and September 1993, documents S/26383, S/26415 and S/26469; see also A/49/641-S/1994/1252, annex.

Expresses its grave concern at the instances of massive and systematic violations of human rights and humanitarian law in parts of the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), as described in the reports of the Special Rapporteur;

Notes with grave concern the Special Rapporteur's conclusions about the impending humanitarian disaster in the Republic of Bosnia and Herzegovina this winter;

Condemns in the strongest terms all violations of human rights and international humanitarian law in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) by all sides to the conflict, recognizing that the leadership in territories under the control of Serbs in the Republic of Bosnia and Herzegovina and the Republic of Croatia, the commanders of Serb paramilitary forces and political and military leaders in the Federal Republic of Yugoslavia (Serbia and Montenegro) bear primary responsibility for most of those violations;

Condemns the continued refusal of the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Bosnian Serb authorities to permit the Special Rapporteur to conduct investigations in territories under their control;

Condemns also the specific violations identified by the Special Rapporteur, most of which are committed in connection with ethnic cleansing by Bosnian Serbs, and which include killings, torture, beatings, arbitrary searches, rape, disappearances, destruction of houses, forced and illegal evictions, detentions and other acts or threats of violence aimed at forcing individuals to leave their homes;

Condemns further the indiscriminate shelling and besieging of cities and civilian areas, the systematic terrorization and murder of non-combatants, the destruction of vital services and the use of military force against civilian populations and relief operations, including the use of cluster and napalm bombs on civilian targets by Croatian Serb and Bosnian Serb forces;

Welcomes the fact that the proceedings of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 have now begun, and in this context encourages the provision of all resources necessary, including full funding as well as voluntary contributions from States and intergovernmental and non-governmental organizations so that the Tribunal may conduct without any further delay its stipulated functions of trying those accused of and punishing those responsible for violations of international law;

Requests States, as a matter of urgency, to make available to the International Tribunal expert personnel, resources and services to aid in the investigation and prosecution of persons accused of having committed serious violations of international humanitarian law;

Requests all States, in particular the Federal Republic of Yugoslavia (Serbia and Montenegro), to cooperate, as required under Security Council resolution 827 (1993), with the International Tribunal in providing evidence for investigations and trials and in surrendering persons accused of crimes within the jurisdiction of the Tribunal;

Notes that all serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991 are within the jurisdiction of the International Tribunal, and that persons who commit such acts in the context of the existing conflict will be held accountable;

Reaffirms that States are to be held accountable for violations of human rights;

Expresses its complete support for the victims of those violations, reaffirms the right of all persons to return to their homes in safety and dignity, considers invalid all acts made under duress affecting ownership of property and other related questions, recognizes the right of victims of ethnic cleansing to receive just reparation for their losses, and urges all parties to fulfil their agreements to this end;

Condemns all deliberate impedance of the delivery of food, medical and other supplies essential for the civilian population, which constitutes a serious violation of international humanitarian law and international human rights law, and of medical evacuations, and demands that all parties ensure that all persons under their control cease such acts;

Also condemns the attacks on and continuous harassment of the United Nations Protection Force and on personnel working with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations, most of which are perpetrated by Bosnian Serb forces;

Expresses its outrage that the systematic practice of rape continues to be used as a weapon of war against women and children and as an instrument of ethnic cleansing, and recognizes that rape in this context constitutes a war crime;

Expresses its serious concern at the prevalence of lawlessness in the Serbian-controlled territories of Croatia and the lack of adequate protection for Croatian and non-Serb populations remaining in the Serb-controlled municipalities where these populations continue to experience physical violence and insecurity, as reported by the Special Rapporteur;

Also expresses its serious concern at the violations of humanitarian law and international human rights law committed by local officials in the Federation-controlled areas of Bosnia and Herzegovina, which limit the right to freedom of movement, notably the right of refugees or displaced persons to return to their homes, as reported by the Special Rapporteur;

Strongly condemns the increase of police violence against the non-Serb populations in Kosovo, the Sandžjak, Vojvodina and other areas of the Federal Republic of Yugoslavia (Serbia and Montenegro), and of violations of the right to fair trial, as described in the most recent report of the Special Rapporteur; 12/

Strongly urges the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) to take appropriate measures to respect fully all human rights and fundamental freedoms and to take urgent action to ensure the rule of law in order to prevent arbitrary evictions and dismissals and discrimination against members of the non-Serb populations in the Federal Republic of Yugoslavia (Serbia and Montenegro);

Expresses its grave concern at the deteriorating human rights situation in the Sandžjak, as noted by the Special Rapporteur, particularly the systematic acts of harassment, beatings, torture, warrantless searches, arbitrary detention and unfair trials directed mainly against members of the Muslim population;

Affirms that a peaceful solution, to be achieved through negotiation under the auspices of the International Conference on the Former Yugoslavia, would greatly benefit the human rights situation in the areas concerned;

Condemns in particular the violations of human rights and humanitarian law in connection with detention, including killings, torture and the systematic practice of rape, and demands the immediate, internationally supervised release of all persons arbitrarily or illegally detained and the immediate closure of all places of detention not authorized by and in compliance with the Geneva Conventions of 12 August 1949; 8/

Reiterates its demands that all parties notify immediately the International Committee of the Red Cross of the locations of all camps, prisons and other places of detention within Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), and that the International Committee of the Red Cross, the Special Rapporteur and his staff, the United Nations High Commissioner for Refugees, the monitoring and other missions of the European Union and the Conference on Security and Cooperation in Europe and other relevant international and regional organizations be granted immediate, unimpeded and continued access to such places of detention;

Urges all parties, and in particular the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro), to cooperate with the "Special Process" on Missing Persons in the Territory of the former Yugoslavia established pursuant to paragraph 24 of Commission on Human Rights resolution 1994/72 10/ in determining the fate of thousands of missing persons by disclosing information and documentation on inmates in prisons, camps and other places of detention in order finally to locate such persons and alleviate the suffering of their relatives;

Urges the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to reconsider its refusal to allow the continuation of the activities of the missions of the Conference on Security and Cooperation in Europe to monitor the human rights conditions in its territory, particularly in Kosovo, the Sandžjak and Vojvodina, and its refusal to permit the opening of a field office of the Centre for Human Rights of the Secretariat as called for by the General Assembly in its resolution 48/153;

Urges the Secretary-General to take all necessary steps to ensure the full and effective coordination of the activities of all United Nations bodies in implementing the present resolution, and urges those bodies concerned with the situation in the territories of Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) to coordinate closely with the Special Rapporteur and the International Tribunal, and to provide the Special Rapporteur on a continuing basis with all relevant and accurate information in their possession on the situation of human rights in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro);

Also urges the Secretary-General, within existing resources, to make all necessary resources available for the Special Rapporteur to carry out his mandate and in particular to provide him with adequate staff based in the territories of Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) to ensure effective continuous monitoring of the human rights situation there and coordination with other United Nations bodies involved, including the United Nations Protection Force;

Welcomes the effort by the Governments of Croatia and Bosnia and Herzegovina to uphold human rights in their territories, and urges them to fulfil the human rights commitments they have made;

Notes with concern that many of the past recommendations of the Special Rapporteur have not been fully implemented, in some cases because of resistance by the parties on the ground, and urges the parties, all States and relevant organizations to give immediate consideration to them, in particular the calls of the Special Rapporteur:

For the opening of humanitarian relief corridors to prevent the death and deprivation of the civilian population and to open Tuzla airport to relief deliveries, and for the immediate release of detainees into conditions of safety;

For the provision of necessary medical and psychological care to victims of rape within the framework of programmes to rehabilitate women and children traumatized by war, and for coordination by all concerned in support of the social integration of child victims;

For more generous international assistance to refugees fleeing the conflict, and to the States that receive them;

For increased support to initiatives to assist persons displaced by the conflict, with attention to the special needs of urban families and orphans;

For the creation of a voluntary fund to provide economic and social aid to assist the reconstruction of destroyed villages and towns;

For the attention of the international community to the need for an effective response to counter the policy of ethnic cleansing;

Draws attention to the need for an immediate and urgent investigation by qualified experts of a mass grave near Vukovar and other mass grave sites and places where mass killings are reported to have taken place, and requests the Secretary-General, within existing resources, to make available the necessary means for this undertaking;

Invites the Commission on Human Rights at its fifty-first session to request the Special Rapporteur to report to the General Assembly at its fiftieth session;

Decides to continue its examination of this question at its fiftieth session under the item entitled "Human rights questions".

Situation of Human Rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)

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